Article misquotes judge on ‘gender incivility’

My sole line of legal practice for the past 17 years has been representing victims of sexual abuse and harassment. My clients throughout the U.S. currently number more than 1,000 and most are women or young girls. Nothing is more offensive to me than mistreatment based on gender or any class.

The headline to the Sept. 30 story, "Judge accuses lawyer of 'gender incivility'," inaccurately states that the judge in MJJ Productions v. Wade Robson accused me of "gender incivility." It specifically states the judge "accuses lawyer of 'gender incivility'" and the story says the judge "believes [I] displayed 'gender incivility.'" That is simply false. The judge noted, on the record, that he was not directly accusing me of it, but rather, that it "could appear to indicate gender incivility." The judge stated, clearly, that he was not making that actual allegation when we argued it on the record. This is an important distinction.

The dispute in question arose during a heated deposition where I challenged opposing counsel's objections and efforts to prevent a witness from answering questions. We ended up moving for a protective order and sanctions.

We are appealing this ruling, because my statements had nothing to do with opposing counsel's gender. I never commented upon her legal experience or ability as an attorney, or accused her of breathing heavily. The transcript clearly evidences that I did document the attorney's behavior, including that she slammed her hand on the desk and was screaming at counsel while red in the face. However, men and women can get red in the face and angry when upset. That is a fact -- I was simply documenting what was occurring because there was no camera in the room trained on counsel, and those facts had nothing to do with gender.

In this day and age, a charge of gender bias or "incivility" is inflammatory and repugnant. Most certainly, it should not be leveled without proof.

In this case, I was not given appropriate notice and an opportunity to be heard. Instead, I was faced with a ruling as to these issues the evening before oral argument, and not provided an opportunity to address it in writing by supplementing the record. The charge strikes at the heart of my character, my reputation, and my practice, and as such, I will not allow it to go unchallenged. We will appeal the ruling and attempt to set the record straight. In the meantime, the headline and article that your outlet wrote should accurately report the judge's ruling. 

-- Vince William Finaldi

Manly, Stewart & Finaldi